Madhya Pradesh High Court
Parvat Singh vs The State Of Madhya Pradesh on 22 August, 2023
Author: Deepak Kumar Agarwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA-68-2023
(PARVAT SINGH Vs . STATE OF MADHYA PRADESH)
DATED:- 22-08-2023
Shri Sanjeev Agarwal - Advocate for the appellant.
Smt. Anjali Gyanani - Public Prosecutor for the respondent/State.
Per Justice Deepak Kumar Agarwal:
Heard on I.A. No.11778/2023, first application under Section 389 (1)
of Cr.P.C. for suspension of sentence and grant of bail moved on behalf of
the appellant- Parvat Singh.
This criminal appeal assails the judgment dated 28.11.2022 passed in
Special Case No.83/2021 by learned Special Judge (POCSO Act) District
Shivpuri (M.P.), whereby the appellant has been convicted and sentenced as
under:-
Section Sentence Fine (Rs.) Default Stipulation
363 of IPC r/w 3(2) 2 Years R.I. 1000/- 6 Months RI
(va) of SC/ST Act
366-A of IPC r/w Life Imprisonment 1000/- 1 Year RI
3(2)(v) of SC/ST
Act
376 (2)(n) of IPC Life Imprisonment 2000/- 1 Year RI
r/w 3(2)(v) of
SC/ST Act
Prosecution story is that father of the prosecutrix lodged a report on
07.03.2019 to the effect that on 06.03.2019, his daughter (prosecutrix) aged
about 16 years was sleeping in the room alongwith his elder daughter. He
was also sleeping near the room. His elder daughter informed him in the
midnight that prosecutrix is missing. They searched the prosecutrix but could
not trace her. He expressed the doubt that present appellant-Parvat Singh by
persuading her took her away alongwith him. On the basis of his
information, FIR bearing Crime No.40/2019 was registered against the
appellant for the offence punishable under Section 363 of IPC and offence
punishable under Section 7/8 of POCSO Act. On 08.03.2019, prosecutrix
was recovered and her statement was recorded. She was sent for medical
examination. After investigation, charge-sheet has been submitted against
present appellant for the offence punisahble under Section 363, 366, 376 of
IPC and under Section 3/4 of POCSO Act and Section 3 (2)(v), 3 (1)(w)(ii)
of SC/ST Act. After conclusion of trial, trial Court convicted the appellant
for the offence as mentioned above.
Learned counsel for the appellant submits that appellant has been
falsely implicated in this case and he has been wrongly convicted by the
learned trial Court. It is further submitted that the prosecutrix has not
supported the prosecution case and turned hostile. Appellant has suffered
about 11 months of incarceration and he is the permanent resident of District-
Shivpuri (M.P.) and there are fair chances of success of this appeal. Present
appeal is of the year 2023 and final hearing of the case will take time. Under
these circumstances, the execution of jail sentence be suspended and the
appellant be released on bail.
On the other hand, learned Public Prosecutor appearing on behalf of
the respondent/State opposed the bail application and prayed for rejection of
this application.
Keeping in view of the aforesaid submissions of learned counsel for
the parties and without commenting upon merits of the case, IA No.
11778/2023 is allowed. It is, therefore, directed that if appellant deposits the
entire fine amount, if not already deposited, and furnishes a personal bond in
the sum of Rs.50,000/-(Rupees Fifty Thousand Only) with one solvent
surety of the like amount to the satisfaction of trial Court for his appearance
before the Registry of this Court on 5th December, 2023 and on such
subsequent dates as may be fixed in this regard, sentence of imprisonment
awarded to him, shall remain suspended till further orders and he shall be
released on bail.
I.A. No. 11778/2023 stands allowed and disposed of.
Certified copy as per rules.
(ROHIT ARYA) (DEEPAK KUMAR AGARWAL)
JUDGE JUDGE
RAHUL Digitally signed by RAHUL SINGH PARIHAR
DN: c=IN, o=HIGH COURT OF MADHYA PRADESH
SINGH rahul
BENCH GWALIOR, ou=HIGH COURT OF MADHYA
PRADESH BENCH GWALIOR, postalCode=474001,
st=Madhya Pradesh,
2.5.4.20=eac942476567cd1b39b3da4606840346
2fdf82ab676d0cde4dee473fe77953f5,
pseudonym=68E0B84BAE73376CD071289B3D9
FE728CE00D487,
serialNumber=0275C4F803F94C47998BE5C534E
PARIHAR
21BDED910FD4AB9D159B55575E814D05B2EED,
cn=RAHUL SINGH PARIHAR
Date: 2023.08.23 12:21:49 +05'30'
